Louis Vuitton Loses Trademark Case Against Fake Handbag Company
A New York court has ruled against French fashion house Louis Vuitton in its court proceedings against Los Angeles-based company My Other Bag (MOB), known for its fake designer bags. The court ruled that My Other Bag products are parodies and not actionable sources of trademark infringement or dilution of the Louis Vuitton brand.
My Other Bag creates knockoffs of brands including Balenciaga, Proenza Schouler, YSL, Celine and Louis Vuitton; nearly two years ago Louis Vuitton filed the lawsuit My Other Bag.
Louis Vuitton claimed MOB’s marketing strategy “invokes and emphasises the fashionable character of its products and its intent to create an association with Louis Vuitton.” This included the deliberate use of Louis Vuitton’s distribution channels. Louis Vuttion claimed MOB was diluting the brand’s reputation and distinctiveness, as well as confusing consumers who are likely to think MOB’s designs are authorised by Louis Vuitton.
Judge Jesse M. Furman of New York State’s southern district wrote in the decision: “It is self-evident that MOB did mean to say something about Louis Vuitton specifically. That is, Louis Vuitton’s handbags are an integral part of the joke that gives MOB its name and features prominently on every tote bag that MOB sells. In arguing otherwise, Louis Vuitton takes too narrow a view of what can qualify as a parody.
“The quip ‘My Other Bag . . . is a Louis Vuitton,’ printed on a workhorse canvas bag, derives its humor from a constellation of features — including the features of the canvas bag itself, society’s larger obsession with status symbols, and the meticulously promoted image of expensive taste (or showy status) that Louis Vuitton handbags have, to many, come to symbolise.
“MOB’s use of Louis Vuitton’s marks in service of what is an obvious attempt at humor is not likely to cause confusion or the blurring of the distinctiveness of Louis Vuitton’s marks; if anything, it is likely only to reinforce and enhance the distinctiveness and notoriety of the famous brand.”
In response to the decision, Tara Martin, the CEO & founder of My Other Bag, told The Fashion Law: “I can’t tell you how thrilled our entire team is to get this win, not only for the My Other Bag brand, but for other entrepreneurs, writers, artists, film makers, designers, anyone who uses their creativity and voice to make a statement. Parody is one of the oldest and most beloved ways in our culture to address social, economic, and political issues. One of America’s founding, and to us, most important principles, is freedom of speech and it must be protected and fought for.”
Latest News
Gourmet Traveller Unveils Finalists For The 2022 Restaurant Awards
The Gourmet Traveller team has uncovered the best restaurants around the country to bring you the finalists for the 2022 Gourmet Traveller Restaurant Awards in the October issue of Gourmet Traveller, on sale today. Due to ongoing restrictions, The Gourmet Traveller Restaurant Award winners will be announced via a virtual announcement on October 24, […]
Spark Foundry Wins Voyages Indigenous Tourism’s Media
Publicis’ Spark Foundry has been appointed to manage the media strategy, planning and buying responsibilities for Voyages Indigenous Tourism Australia, following a highly-competitive pitch. Owned by the Indigenous Land and Sea Corporation (ILSC), Voyages Indigenous Tourism Australia offers experience-based holidays in Australia’s most iconic wilderness locations, including Ayers Rock Resort in the Red Centre, Northern […]
New Report Calls Out Australian Media & PR Agencies For Promoting Fossil Fuels
A new global report on the damaging effects of promoting fossil fuels has singled out Australia as being uniquely compromised by agencies lobbying for oil, gas and coal. The joint study by Australian organisations Comms Declare and Clean Creatives lists the 90 advertising, marketing and PR agencies that have hampered cuts to greenhouse gas emissions […]
72andSunny Unveils First Campaign For Plant-Based Drink Brand Australia’s Own
Freedom Foods and 72andSunny Sydney have launched the first advertising campaign for Australia’s Own range of plant-based beverages. The campaign introduces a new visual world and identity for the brand and captures the healthy, positive feeling you get when spending time in nature and when consuming Australia’s Own certified-organic, plant-based beverages. As well as featuring […]
“I’m In A Sweet Spot!” Jessica Rowe On Her Venture Into Podcasting
B&T is chatting with the wonderful Jessica Rowe. Due to time pressures, we thought it best not to mention Eddie McGuire.
Stan Sport Confirms UEFA League Commentary, As Comic Ed Kavalee Joins The Team
Do you take your UEFA Champions League football bloody seriously? Well, you may not like this Ed Kavalee announcement.
Ashes Under Threat Amid Fears Of English COVID Coup
Concerning news of an Ashes boycott this summer. As Seven primes Big Bang Theory repeats as a precautionary measure.
Kayo Moves The Footy Season On For Cricket In Star-Studded Work From Special
Yes, B&T's overdoing it with cricket stories today. Which, admittedly, is better than overdoing it with insurance ads.
Fetch Mini 4K Set Top Box Officially Hits Aussie Shelves
Forget all the hassles of wireless-free streaming, the Fetch Mini 4K set top box is here! And with bubble wrap, too.
Silver Lining Launch The Do Nothing Challenge For Smiling Mind, ReachOut, And Orygen
Not-for-profit, for-purpose agency Silver Lining is launching a fundraising challenge that asks Australia to ‘Do Nothing to Do Something for Mental Health’.
Sportsbet’s $139M In Ad Spend Raises Eyebrows, As Bets Double In 2020
B&T is no fan of the recent proliferation of online sports betting apps. Except when we win, then we bloody love them.
Thursday TV Wrap: Home And Away A Shining Entertainment Star
When B&T thinks Summer Bay, we think "love, exciting & new, come aboard, we're expecting you". Or is that The Love Boat?
Atomic 212° Founders Reveal The “Secret Sauce” Of Media Planning In New Book
If you're in the media planning game, B&T can't recommend this book enough. Manu's 'French Bistro' is also excellent.
Lil Nas X Teams Up With Durex In His Sexy New Music Video
This article carries themes of prophylactic use, crossdressing & gay sex. Nothing a few Hail Marys can't fix, B&T says.
The EU Wants Standardised Phone Chargers… And Apple Isn’t Happy
Apple unhappy about EU's uniform phone charger threat. Still turning blind eye to flogging power cables for 120 bucks.
This Tourism Ad Is So Weird & Trippy, It’ll Have You Declaring “WTF Did I Just Watch?”
Did you perhaps take an ecstasy tablet in your misspent youth? B&T warns this ad could bring it back on 15 years later.
Postponed Australian Commercial Radio Awards Now Set For A Live Event In February
Get the frock or suit to the dry cleaners & hook yourself up a gram, Commercial Radio Awards now a mere 142 days away.
Cadbury And Milka Maker Mondelez International Threatens Vegan Business With Lawsuit Over Packaging Colour
Vegan snack brand threatened with lawsuit over purple packaging. Has reportedly enlisted Grimace as its legal counsel.
Are You Paying Too Much In Search Marketing?
Are you paying too much for search marketing? Discover the awful truth here. Or, alternatively, look at the invoice.
Nine APAC Finalists In One Club’s Young Guns 19 Competition
Nine creatives from APAC are among the 94 finalists from 27 countries in The One Club for Creativity’s prestigious Young Guns 19 competition, celebrating international creative professionals age 30 or younger. The finalists from APAC are: Hiu Ching Kung, graphic designer, Hong Kong Lam Ieong Kun, graphic designer, illustrator, indego design, Macau Raxenne Maniquiz, graphic designer, illustrator, Santa Maria (Philippines) Kiyotaka […]
Jessica Alba & Zac Efron Return In Newest (& Darkest) Instalment For Dubai Tourism
Dubai is THE place for adventurous travellers. While its prison system is the place for REALLY adventurous travellers.
Ben’s Original Unveils New Campaign & Packaging Via The&Partnership
Ben’s provides fluffy, stodge-free rice each time & the ideal accompaniment to your fluffless, stodgy curry disasters.
Agnes Media Appoints Former Qantas Marketer Jan Consul As Senior Performance Manager
Qantas marketer Jan Consul no longer blagging 20% off flights to Maroochydore after joining the Agnes Media team.
Adflow’s Regional OOH Coverage Expands By 60%
OOH transit company Adflow has announced the success of the first phase of its regional expansion program. Adflow’s regional footprint has increased by 60 per cent to now include 65 regional locations. With 9.1 million people living regionally in Australia (growth of 1.1 per cent experienced in the 19/20 Financial year) and most regional centres […]
Freshworks Starts Trading On Nasdaq, Valued at $13.7 Billion
Freshworks, a leading software company, has started trading on the Nasdaq Global Select Market, marking an important milestone for the company. The company priced its IPO at US$36 per share (AU$49.76), raising about US$1 billion (AU$1.4B), resulting in a total market capitalisation of AU$13.7 billion (US$10B). Freshworks, which was founded in India, has strong roots […]
SLIK Announces Four New Key Hires
Independent creative agency, SLIK, has made significant changes to its full service creative offering with four hires across management, creative and production.
Lucciana Beynon Falls Victim To Brutal & Outdated Photoshopping
B&T warns this article contains rather racy imagery. But as you're working from home, a trip to HR's not on the cards.
News Corp Reveals The Power Of Brand Content In New Research
News unveils 'The Power of Brand Content' research. The title arguably giving away the fact that it's a huge fan of it.
The Nutrition Couch Joins ARN’S IHeartPodcast Network
Has a partner complained of incessant flatulence, pungent urine or performance issues? This nutrition podcast may help.
How Retailers Can Maximise Their Results This Sales Season
Black Friday Cyber Monday (BFCM) is the biggest player in the holiday shopping game and Google’s most recent research suggests consumer interest for the peak sales season starts much earlier than retailers may realise. The pandemic has fundamentally changed buyer behaviour over peak sales season, with Google suggesting that global consumer interest in Black Friday […]
